463192 Zoning Commission Notice of Proposed Rulemaking: Case No. 10-08 (Text Amendments Related to the Expiration of Special Exception and Non-Conforming Uses, and the Effective Date of Special Exception Uses for Which a Term has been Established)
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ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
Z.C. Case No. 10-08
(Text Amendment – 11 DCMR)
(Text Amendments Related to the Expiration of Special Exception and Non-Conforming Uses, and the Effective Date of Special Exception Uses for Which a Term has been Established)
The Zoning Commission for the District of Columbia, pursuant to its authority under § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01), hereby gives notice of its intent to amend §§ 2005, 3130 and 3132 of the Zoning Regulations (Title 11 DCMR).
The proposed text amendments relate to the expiration of special exception and non-conforming uses, and the effective date of special exception uses for which a term has been established. The amendments would reinforce the non-conforming use discontinuance provision of 11 DCMR § 2005, establish expiration dates for discontinued and superseded uses permitted by special exception, and provide that all special exception terms begin on the date upon which the order becomes effective.
Final rulemaking action shall be taken in not less than 30 days from the date of publication of this notice in the D.C. Register.
The proposed amendments to the Zoning Regulations, Title 11 DCMR, are as follows:
A. Chapter 20, NONCONFORMING USES AND STRUCTURES, § 2005, DISCONTINUANCE, is amended as follows:
1. By amending § 2005.1 by striking the phrase “a period of more than three (3) years” and inserting the phrase “any period of more than three (3) years” in its place, so the provision will read as follows:
2005.1 Discontinuance for any reason of a nonconforming use of a structure or of land, except where governmental action impedes access to the premises, for any period of more than three (3) years, shall be construed as prima facie evidence of no intention to resume active operation as a nonconforming use. Any subsequent use shall conform to the regulations of the district in which the use is located.
2. By adding a new § 2005.2 to read as follows:
2005.2 This presumption may only be rebutted by objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.
B. Chapter 31, BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE, is amended as follows:
1. By amending the title of § 3130, TIME LIMITS ON BOARD ACTION, by striking the words “BOARD ACTION” and inserting the words “THE VALIDITY OF BOARD ORDERS” in their place to read as follows:
3130 TIME LIMITS ON THE VALIDITY OF BOARD ORDERS
2. By adding a new § 3131 to read as follows:
3131 COMMENCEMENT OF SPECIAL EXCEPTION TERMS
3131.1 When the Board limits its approval of a special exception to a term of years, the length of that term begins on the date upon which the order became final.
3. By adding a new § 3132 to read as follows:
3132 EXPIRATION OF SPECIAL EXCEPTION USES
3132.1 If a special exception use is established, the use will only expire if:
(a) An expiration date is specified in the order;
(b) The special exception use is discontinued for any reason for any period of three (3) or more years; except where governmental action impedes access to the premises; or
(c) A certificate of occupancy for a different use is issued.
3132.2 If a special exception use expires, any subsequent use shall conform to the regulations of the district in which the use is located.
3132.3 Notwithstanding § 3132.1(b), a special exception use shall not expire if objective proof of a continuing use or of affirmative steps taken to resume the use during the period of time identified by the Zoning Administrator when revoking an existing certificate of occupancy or denying an application for a replacement certificate of occupancy.
All persons desiring to comment on the subject matter of this proposed rulemaking action should file comments in writing no later than 30 days after the date of publication of this notice in the D.C. Register. Comments should be filed with Sharon Schellin, Secretary to the Zoning Commission, Office of Zoning, 441 4th Street, N.W., Suite 200-S, Washington, D.C. 20001. Copies of this proposed rulemaking action may be obtained at cost by writing to the above address.
